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CHRISTMAN v. BRAUVIN REALTY ADVISORS, INC.

No. 96 C 6025.

80 F.Supp.2d 808 (1999)

M. Barbara CHRISTMAN, Janet M. Toolson, John Archbold, and Ben O. Carroll on behalf of themselves and all others similarly situated, Plaintiffs, v. BRAUVIN REALTY ADVISORS, INC., Brauvin Realty Advisors II, Inc., Brauvin Realty Advisors III, Inc., Brauvin Realty Advisors IV, Inc., Corporate General Partners; Jerome J. Brault; Brauvin Real Estate Funds, LLC, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 22, 1999.

Attorney(s) appearing for the Case

Richard S. Kohn, The Mills Law Firm, Ronald L. Futterman, Michael L. Behn, Futterman & Howard, Chtd., Larry D. Drury, Larry D. Drury & Associates, Chicago, IL, for Plaintiffs, M. Barbara Christman, Janet M. Toolson, John Archbold and Ben O' Carroll.

William Lynch Schaller, John M. Murphy, Baker & McKenzie, Chicago, IL, for Defendants, Jerome J. Brault, Brauvin Realty Advisors, Inc., Brauvin Realty Advisors II, Inc., Brauvin Realty Advisors III, Inc. and Brauvin Realty Advisors IV, Inc.

John J. Cummins, Canepa & Cummins, P.C., Chicago, IL, for Intervening Defendants, The Fabick Employee Profit Sharing Plan et al.

Robert W. Tarun, Jeffrey A. Leon, Winston & Strawn, Chicago, IL, for Nominal Defendants, Brauvin High Yield Fund L.P., Brauvin High Yield Fund L.P. II, Brauvin Income Plus L.P. III and Brauvin Corporate Lease Program IV L.P.

MEMORANDUM OPINION AND ORDER

GOTTSCHALL, District Judge.

This action arises from an attempt by the general partners to sell the assets of limited partnerships to an entity owned, at least in part, by the managing general partner. On August 11, 1998, this court held that the proxy voting procedure used by the general partners to obtain the limited partners' approval for the transaction was in violation of the limited partnership agreement. The defendants...

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